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Marcus Tullius Cicero.

Select orations of M. Tullius Cicero from the text of Jo. Casp. Orellius, with notes, critical and explanatory, for the use of schools and colleges

. (page 20 of 51)


7. Id meo capite] Why is not that entreat to enhance your favours by my
offence rather atoned for by my death, friend's acquittal;' but not, ' I en-

8. Si quid mild acciderit] Manil. treat you to see them about to be
20. n. 1. cancelled by his condemnation.' The



PRO T. ANNIO MILONE, Cap. 37. 155

XXXVII. His lacrymis non movetur Milo. Est quo-
dam incredibili robore anirai : exsilium ibi esse putat, ubi
virtuti non sit locus ; mortem naturae 1 finem esse, non poanam.
Sit hie ea mente, qua natus est. Quid vos, judices, quo
tandem animo eritis ? Memoriam Milonis retirebitis, ip-
sum ejicietis ? et erit dignior locus in terris ullus, qui
banc virtutem 2 excipiat, quam hie, qui procreavit ? Vos,
vos appello, fortissimi viri, 3 qui multum pro republica san-
guinem eftudistis : vos in viri et in civis invicti 4 appello peri-
culo, centuriones, vosque milites ; vobis non modo inspec-
tantibus, sed etiam armatis, et huic judicio praesidentibus,
hsec tanta virtus ex hac urbe expelletur ? exterminabitur ?
projicietur? O me miserum! 5 o infelicem ! revocare tu me
in patriam, Milo, potuisti per hos : ego te in patriaper eos-
dem retinere 6 non potero ? Quid respondebo liberis meis,
qui te parentem alternm 7 putant ? quid tibi, Q. frater, qui
nunc abes, 8 consorti mecum temporum illorum ? me non
potuisse Milonis salutem tueri per eosdem, per quos nostram
ille servasset? At in qua causa non potuisse? Qua? est
grata gentibus. 9 A quibus non potuisse ? . Ab iis, qui max-
ime P. Clodii morte acquierunt. 10 Quo deprecante ? Me.
Quodnam ego concepi tantum scelus, aut quod in me tantum
iacinus admisi, 11 judices, quum ilia indicia communis exitii
indagavi, 12 patefeci, protuli, exstinxi ? 13 Omnes in me me-

modifi cation may be, ' I tell you, I fectum, quia id fieri oportuisset, fa-
warn you that you shall, &c.' teretur 1

Sect. XXXVII. 1. Nalurte] 6. Retinere] Which should be

Appointed by nature. Sail. Cat. easier than 'revocare. 5

53. Mortem aerumnarum requiem, 7. Parentem alternm] As being

non cruciatum esse, &c. the restorer of their Jirst. ' Liberis,'

2. Hanc virtutem] i. e. ' Virum of course, Marcus and Tullia.
virtute praeditum ;' as Hor. Od. iii. 8. Qui nunc abes] Namely, as
24. 31. 'Virtutem incolumem odi- Caesar's lieutenant in Gaul.
mus,'&c. ' VirtusScipiadae,'Sat. ii.l. 9. Grata gentibus] Supr. 35.

3. Fortissimi viri] The guards Qui fines imperii populi Rom. sunt,
were in hearing of Cicero. non solum fama de illo, sed etiam

4. Viri et avis invicti] i. e. ' Viri lastitia peragravit.

invicti et civis invicti.' lO.^cguieruntJYVeredelighted with.

5. O me miserum!] Quint., vi. 1, 11. In me admisi] ' Have I commi-
notices the propriety of the advocate tted,' Supr. 23. n. i.l9. Hor.Tu nihil
undertaking the task of exciting pity, admittesin te formidine pcenae.

when it would be unbecoming in the 12. Indagavi] Vid. Cat. iii., for

defendant. Nam quis ferret, says a full statement of his detection of

he, Milonem pro capite suo suppli- the conspiracy,

oantem, qui a se virum nobilem inter- 13. Exttinxi] Cicero, carried away



156



M. T. CICER0N1S ORATIO



osque redundant ex fonte illo u dolores. Quid me reducem
esse voluistis ? an ut, inspeetante me, expellerentur ii, per
quos essem restitutus? Nolite, obsecro vos, pati, mihi
acerbiorem reditum esse, quam fuerit ille ipse discessus.
Nam qui possem putare me restitutum esse, si distrahor ab
iis, per quos restitutus sum ?

XXXVIII. Utinam 1 dii immortales fecissent : (pace tua,
patria, dixerim ; metuo enim, ne scelerate dicam in te, quod
pro Milone dicam pie :) utinam P. Clodius non modo vive-
ret, sed etiam praetor, 2 consul, dictator esset potius, quam
hoc spectaculum viderem ! O, dii immortales ! fortem et a
vobis, judices, conservandum virum ! "Minime, 3 minime, in-
quit. Immo vero pcenas ille debitas luerit : nos subeamus,
si ita necesse est, non debitas." Hiccine vir patria? natus, 4
usquam nisi in patria, 5 morietur ? aut, si forte, pro patria ?
hujus vos animi monumenta 6 retinebitis, corporis in Italia 7
nullum sepulcrum esse patiemini ? hunc sua quisquam sen-



by his eloquence, added this word,
which does not apply to ' indicia
communis exitii,' but to * commune
exitium,' understood from that ex-
pression.

14. Redund. ex fonte Mo] 'Flow
from the conspiracy of Catiline,'
thus : I suppressed that conspiracy,
and thereby excited the hatred of
Clodius. This produced my banish-
ment; which, again, engaged Milo
in my recall. Hence the odium was
transferred to him, and he is now to
be banished, which causes my grief.
Ergo ( Redundant, &c.' Introd. 1.

Sect. XXXV11I.1. Utinam]
*' A difference is to be marked be-
tween the pres. and perf. ; and imperf.
and pluperf. of the subj. with ' uti-
nam.' With the former pair an
action is conceived in the mind, which
may or may not actually exist ; with
the latter pair it excludes the idea of
actual existence." Zumpt's Lat.G.75.
So ' utinam dii faciant, &c.' is, ' would
that the gods may,' as they can ;
1 utinam fecissent' ' would that they
had, &c.,'but they did not.

2. Picctor] He begins with the



first office which Clod, did not hold.

3. Minime, c] We may sup-
pose that Milo motioned a negative
on Cicero's wish. * Utinam ....
dictator esset.' Let him, ' he adds,'
meet his deserts, and I care not for
personal consequences,'

4. Patria: natus] Off. i. 7. Non
nobis solum nati sumus, ortusq ;
no*tri partem patria vindicat. But
patriae natus' intimates that he was
framed by nature for the especial pur-
pose of saving his country. So ' na-
tus abdomini suo' is applied to Ga-
binius. Pis. 17 j ' naturally a gor-
mandizer.'

5. Nisi in patria] JEti. x. 781. Et.
dulces moriens reminiscitur Argos.
Hence the poet Waller's wish ' to
die, like the stag, where he was roused.'

6. Animi monumenta] Sc. his pub-
lic services recorded in the history of
his country ; opposed to * corporis
sepulcrum.'

7. In Italia] The importance at-
tached to a burial in one's native land,
may be seen exemplified in the prayer
of Hector to Achilles, Iliad, xxii.
254 ; of Mezentius, iEn. x. 904 ;



PRO T. ANNIO MILONE, Cap. 29.



157



tentia ex hac urbe expellet., quern omnes urbes expulsum a
vobis ad se vocabunt ? O terram illam beatam, quae hunc
virum exceperit : hanc ingratam, si ejecerit : miseram, si
amiserit ! Sed finis 8 sit : neque enim prae lacrymis jam loqui
possum ; et hie se lacrymis defendi vetat. Vos oro 9 obtes-
torque, judices, ut in sententiis ferendis, quod sentietis, id
audeatis. Vestram virtutem, justitiam, fidem (mihi credite)
is maxime 10 probabit, qui in judicibus legendis, optimum, et
sapientissimum, et fortissimum quemque delegit.



of Turnus, JEn. vii. 935, and of Po-
lynices. Eurip. Phoeniss. 1460.

8. Sedjinis] For my tears prevent
my words ; as well as the wish of
Milo to depend solely on the good-
ness of his cause.

9. Vos oro, fc] Having wound up
the feelings of the judges to the high-
est pitch, he now affects to call upon
them to attend only to the dictates of
justice, &c.

10. Is maxime] Pompey, who
being the prime mover of the whole
proceeding is here presented, in con-
clusion, to the minds of the judges,
as the friend of justice and of Milo.



The plan, then, of this admirable
speech is extremely simple. It con-
tains thirty-eight seel ions. Of these,
the exordium occupies, c. 1. 2; then
follows the refutation of the jmrju-
dicia, c. 2 8 ; the narration, c. 9
11 ; the direct confirmation, consist-
ing of ten arguments, (noticed in
order in the notes,) c. 12 26 ; the
indirect confirmation or merit of slay-
ing such a tyrant as Clodius, c. 27
33 ; and lastly, the peroration, 34
38. The arrangement of the direct
proofs is different in different com-
mentaries ; that of Melancthon has
been nearly followed.



VOL. I.



INTRODUCTION TO THE ORATION



FOR



Q. LIGARIUS.



1. In the year of the city 703, Q. Ligarius accompanied C.
Considius Longus, who had been appointed pro-praetor of Africa,
into his province, as lieutenant, and on that governor retiring from
his office, was by him nominated to the command. In the follow-
ing year the civil war broke out between Caesar and Pompey ;
and Ligarius, preferring friends and home to the glitter of a
dangerous command, withstood the offers and entreaties of the
Roman citizens and provincials who were almost all in Pompey \s
interest, to join them, and hold the province for Pompey. In
the mean time, P. Atius Varus who had been the predecessor
of Considius in that province, and the warm friend of Pompey,
coming to Utica, was not, though a private man, backward in ac-
cepting the office which Ligarius had rejected. At this juncture
L. ./Elius Tubero, who had been appointed over the province oi'
Africa by the Senate, arrived there, and found it already in
the hands of Varus. (Caes. B. C. i. 30.) Being prevented from
landing in Africa, he proceeded with his son Quintus into Mace-
donia, and made his complaint to Pompey, who being in the mean
time informed by Varus of the defeat of Curio, Caesar's general,
and of the province being his own, declined to interfere.

2. During the various struggles of the parties, Ligarius con-
tinued in Africa, and covertly at least, assisted the Pompeian
cause. As Africa persevered in its opposition to the authority
of Caesar long after Pompey was slain, so those who were
concerned in maintaining that opposition incurred in a higher
degree the resentment of Caesar. On the capture of Adrume-
tum however, Ligarius, owing to some mitigating circumstances,
had his life granted and permission to remain there in exile.

In the mean time the brothers of Ligarius, who had been
ever the firm supporters of Caesar, his kinsmen and influential
friends, particularly C. Pansa and Cicero, ceased not to suppli-
cate Caesar to restore him to his country. But in the end o



160 INTRODUCTION.

the year 707, Q. JElius Tubero, who had never forgiven Ligarius
for having, either on his own authority, or that of Varus, pre-
vented him, three years before, from landing in Africa, brought
against him a charge de vi, i. e. of assisting the enemies of his
country ; or, as Cicero extenuatingly states it, i Q. Ligarium in
Africa fuisse.' [Cicero, however, afterwards admits his being a
Pompeian, when he says ' qui causam habet meliorem quam tu,
aut, ut tu vis, parem.' And indeed without this admission Tu-
bero's charge would be utterly absurd.] Cicero defends Ligarius
in the following oration.

3. As Caesar was well aware of the facts of the case, the
orator proceeds directly to his defence, and at once admits that
Ligarius was in Africa during the war. But here he makes a
distinction. For dividing all the time into three parts; 1. the
period of his lieutenancy under Considius ; 2. of his government
after Considius's departure, and 3. that which followed Varus's
arrival, he pronounced him free from all blame in the first and
second ; and acting under compulsion in the third, c. 1.2. He
then compares the cause of Tubero and of himself with that of
Ligarius, and concludes that Tubero should not have accused a
man infinitely less culpable than himself, c. 3. He then shews
that Tubero was ignorant of the tendency of his charge, which,
as Ligarius was already in banishment, could only be to take
away his life. This cruelty he severely censures, and yet he
thinks it is exceeded by the attempt to prevent the pardon of
Ligarius from being granted, c. 4. 5. Cicero then defends the
cause of Pompey from the charge of ' wickedness,' which Tubero,
by predicating it of Ligarius, one of the party, would thereby
fix upon it. c. 6. He then enters into a more particular com-
parison of the causes of Ligarius and Tubero, and proves that
of the latter infinitely the worse, c. 7. 9. Lastly he alludes to
the peculiar manner of his pleading before Caesar ; how he for-
gets the technicalities of the advocate and throws himself on his
mercy as a parent, c. 10. He adds, however, that Caesar by
granting his request will confer an eternal favour on the Ligarii,
his brothers, on the Brocchi, on the Sabines, and on many
Roman knights, c. 11. He concludes with an exhortation to
Caesar to follow up the noble example which he had set in lately
pardoning Marcellus, since the best foundation of true greatness
is clemency to the conquered, c. 12.

4. The effect produced by this oration was the acquittal and
pardon of Ligarius. It were to be wished that history had here
dropped the curtain ; for the name of Q. Ligarius appears among
the assassins of Caesar. App. B. C. ii. 13. But justice overtook



INTRODUCTION. 161

him ; for the same historian adds (iv. 22.) that he perished alon^
with his brother in the proscription.

It is worthy of remark that Tuberos's oration against Ligarius
wag extant in Quintilian's time, who thinks (x. 1 .) that there
is an advantage in comparing it with Cicero's. Vid. also xi. 1 .
where he gives a specimen of Tubero's address. It is in answer
to an obvious retort to which he exposed himself, that he too
was in Africa. Quintilian well remarks that no man can with
the smallest propriety, reproach another with what he has himself
been guilty of, unless there are some points of difference in the
cases ; ' persona, setas, tempus, causa, locus, animus.' He pro-
ceeds: * Tubero, juvenem se patri haesisse, ilium a senatu missum
non ad bellum, sed ad frumentum coemendum, ait : Ligarium et.
perseverasse, et non pro Cn. Pompeio, inter quern et Caesarem
dignitatis fuerit contentio, quum salvam uterque rempublicam
vellet, sed pro Juba atque Afris inimicissimis populo Romano
stetisse.' It is likely then, that Ligarius was not the passive
spectator of the hostile struggle which Cicero represents him to
have been.



p2



M. TULLII CICERONIS

PRO

QUINTO LIGARIO,

AD C. CiESAREM,
ORATIO.



I. Novum crimen, 1 C. Caesar, et ante hunc diem 2 inaudi-
tum, propinquus meus 3 ad te, 4 Q. Tubero 5 detulit, Q. Liga-



Sect. I. 1. Novum crimen'] Iro-
nically, as if he said, * A dreadful
charge, this, Caesar, that Ligarius
was in Africa ! (as if you had not
pardoned even your Pharsalian foes
before now ;) and what is worse still,
Pansa, no mean authority, has had
the hardihood, trusting, no doubt, to
his intimacy with you, (as nothing
less could warrant such a commu-
nication,) to confess this fact ! I
am, therefore, completely at a loss,
for (as no one could defend) I was
prepared to deny the charge which,
being so new (i. e. notorious) you, of
course, could have no means of learn-
ing, either of yourself or from other
sources.' Quint, iv. 1, not only no-
tices this irony but explains its use.
1 Quid enim agebat aliud ironica ilia,
quam ut Caesar minus se in rem tan-
quam non novam intenderet?' And
again, * Nisi cui divina ilia pro Liga-



rio ironia displicet.' Yet Trapezunt.
denies that there is any irony here.
' Novum crimen inauditum,' is, by
some, supposed to be taken from the
speech of Tubero.

2. Hunc diem] Most likely the
last day of November, a. v. 707.
For this wa6 the ' year of con-
fusion/ and it was the day preced-
ing the first of the two intercalary
months inserted between November
and December, that the brothers and
friends of Ligarius met to entreat
Caesar, at his house ; and Cic, it is
supposed, immediately after proceed-
ed to address him in the forum.
Fam. vi. 15.

3. Propinquus meus] Cicero himself
explains this matter, inf. c. 7 ; from
which it appears likely that the elder
Tubero had married into the ' gens
Tullia,' and hence the affinity (post
affines) between the parties. He



164



M. T. CICERONIS ORATIO



rium in Africa fuisse ; 6 idque C. Pansa, 7 praestanti vir in-
genio, fretus fortasse ea familiaritate, quae est ei tecum, 8
ausus est confiteri. Itaque, quo me vertam, nescio. Paratus
enim veneram, quum tu id neque 9 per te scires, neque au-
dire aliunde potuisses, ut ignoratione tua ad hominis miseri
salutem abuterer : 10 sed quoniam diligentia inimici 11 inves-
tigatum est id quod latebat, confitendum est, ut opinor;
praesertim quum meus necessarius, 12 C. Pansa, fecerit, ut id
jam integrum 13 non esset : omissaque controversial 4 omnis
oratio ad misericordiam tuam conferenda est; qua pluri-
mi 15 sunt conservati, quum a te non liberationem culpa?, 16 sed
errati veniam impetravissent. Habes igitur, Tubero, 17 quod
est accusatori maxime optandum, confitentem reum, sed



here refers to it obviously to show that
hi6 predilection should be in favour
of the accuser ; and, therefore, that
his confidence must be great in the
innocence of Ligarius.

4. Ad te] Who are now the arbi-
ter of all our fates. Therefore it
must be something of importance,
no doubt.

5. Q. Tubero] The family of Tu-
bero belonged to the ' AHia. gens.'
It was remarkable for frugality, as
Val. Max., iv. 3, and vii. 5, tes-
tifies. Also Plut. Paul. Ai.mil. 5.
They had often, however, obtained
the offices of the state. This Tubero,
after failing in his charge against
Ligarius, according to Pompon, ap-
plied himself to the study of civil
law.

6. In Africa fuisse] Quint, ix. 4.
notices and commends the placing of
this ' initium senarii' in the end of
the 'caput,' or period, which he
supposed to terminate here.

7. Pansa] This distinguished Cae-
sarian (Fam. vi. 13.) was consul
with Hirtius, a. u. 710, and being
wounded in the battle at Mutina,
supporting the republic against Mark
Antony, died the following day of his
wounds at Bologna.

8. Fam., qua: est ei tecum] This



was very great; but such a mighty
confession required it all.

9. Quum tu neque, c\c] This was
very likely, indeed, in Caesar !

10. Abuterer] Take advantage of.
Mil. 2. n. 19.

11. Diligentia inimici] It re-
quired, forsooth, extraordinary pains
to investigate what every body knew.
' Inimici,' Tubero.

12. Meus necessarius] * Necessa-
rius,' though generally a relation by
blood or marriage, often means ' a
particular friend.' So Sull. i. 1. L.
Torquatus, meus familiaris et ami-
cus.

13. Integrum] i. e. Undecided one
way or other; for I can no longer
avail myself of ' denial,' i. e. of
proving an alibi.

14. Controversia] Debate on a
law question, for which Cic. was
prepared.

15. Qua plurimi] Sc. the Tube-
ros and others.

16. Culpa] Voluntary ; errati,'
involuntary ; sc. the case of himself
and friends.

17. Habes Tubero] Quint, iv. 1,
produces this as an example of the
effect of the apostrophe; and adds,
' languescit vis omnis, nobis dicen-
tibus, Habet igitur Tubero, c.'



PRO Q. LIGARIO, Cap. 1



165



tamen ita confitentem, se in ea parte 18 fuisse, qua te, Tubero,
qua virum omni laude dignum, patrem tuum. Itaque prius
de vestro 19 delicto confiteamini necesse est, quam Ligarii
ullam culpam reprehendatis. Q. enim Ligarius, quum es-
set 21 adhuc nulla belli suspicio, legatus in Africam 22 cum C.
Considio profectus est : qua in legatione et civibus 23 et so-
ciis 2 * ita se probavit, ut decedens Considius provincia, satis-
facere hominibus non posset, si quemquam alium provincia?
prsefecisset. 25 Itaque Q. Ligarius, 26 quum diu recusans nihil
profecisset, provinciam accepit invitus : cui sic praefuit in
pace, ut et civibuset sociis gratissima esset ejus integritas et
fides. Bellum 27 subito exarsit r 8 quod, qui erant in Africa,
ante audierunt geri, quam parari. Quo audito, partim cupi-
ditate 29 inconsiderata, partim caeco 30 quodam timore, primo



18. Ea parte] Sc. the party of
Pompey.

19. De vestro] 'Vestro,' sc. of
you and your father.

20. Delicto Ligarii culpam] We
saw before, that culpa' is heavier
than ' delictum.' If Cic. thought so,
they must be here used ironically.
But such distinctions are not uni-
formly observed.

21. Quum esset, c] He distin-
guishes three periods, all without
charge against Ligarius, of which the
first is, his lieutenancy. Quint, iv.
2, notices the propriety of the advo-
cate giving a variety to the narration,
by introducing arguments, pathos,
&c, as Cic. does here. Also xi. 3,
he brings this as an instance of a
narration requiring ' manum prola-
tam, amictum recidentem, gestum
distinctum, &c.'

22. In Africam'] Sc. the Roman
province, composed of the kingdom of
Carthage. SoSallust Jug. 13. ' Vic-
tus ex praelio confugit in provinciam.'

23. Et civibus] Roman citizens
who traded in the Province. Sail. Jug.
47. ' Mercari Italici generis multi.'

24. Sociis] Properly, avp.p.a\oi
whereas the provincials were virnKooi.
Yet the latter, according to Graev.,
were frequently called ' socii/ by a



euphemism, and are so here.

25. Provincice profecisset] It was
customary for the provincial governor,
on his departure, to leave the quaestor
or lieutenant, as vice-governor.
The questor being the more usual
choice, Cicero, to prevent the infer-
ence that Ligarius had, by unworthy
means, procured an office to which
he was not entitled, adds that the
provincials would have no other.

26. Itaque Q. Lig.] The second
period ; partly peace, partly war.
In both Ligar. was, ' sine crimine
notus.' Vid. inf. 2. for the third.

27. Bellum] The civil war between
Caesar and Pompey.

28. Exarsit] A usual metaphor.
Horn. GTEtyavog 7ro\t/tioio GtSye.

Virg. quibus arserit armis. It

ceased, however, to be a metaphor, in
reference to Crcsar, who, without wait*
ing for the Transalp. legions, passed
the Rubicon, and, with the rapidity
of a flame, overspread the lands of
Italy. Plut. Pomp. 60. No wonder,
then, that he says, ' qui in Africa ante
audierunt geri, quam parari.'

29. Cupiditate] Sc. studium par-
tium, sive partialitas. Gr&v.

30. Coco] Reddente caecos ; i. e.
as he calls it in the Marcel, (c.
5.), 'falso et inani.' But they may



166



M. T. CICERONIS ORATIO



salutis, post etiam stiidii sui quaerebant aliquem ducem :
quum Ligarius domum spectans, 31 et ad suos redire cupiens,
nullo se implicari negotio passus est. Interim P. Atius
Varus, 32 qui praetor Africam obtinuerat, 33 Uticam 34 venit.
Ad eum statim 35 concursura est. Atque ille non mediocri
cupiditate arripuit imperium, 36 si illud imperium esse potuit,
quod ad privatum clamore multitudinis imperitae, nullo pub-
lico consilio deferebatur. Itaque Ligarius, 37 qui omne tale
negotium cuperet effugere, paullum 38 adventu Vari con-
quievit.

II. Adhuc, 1 C. Caesar, Q. Ligarius omni culpa vacat.



have had an indistinct dread of the
war reaching Africa, as it had done
in the time of Sylla, a. u. 671, when
Pompey conquered Domitius. In-
trod. Manil. 11. To this we may
refer their partiality (studii sui) for
Pompey, who, on that occasion, had
made many friends among the Afri-
cans.

3 1 . Quum domum spectans] " When
quttm stands at the end of a sentence
it often implies more than mere con-
temporaneous existence of events, and
serves to direct the reader's mind to
some inference to be drawn from their
being so. So here, ' a war broke out ;
while Ligarius, all the time, did not
allow himself, 6cc.' intimating, that
this was not the conduct of a deter-
mined enemy of Caesar." Zumpt's Lat.
G. c. 75. ' Domum spectans' Cae-
sar considered neutrality innocent;
Pompey, criminal. Cicero, therefore,
urges the domestic views of Liga-
rius. Avoiding every public em-
ployment, he thought of nothing but
to be with his brothers, who had re-
mained at Rome and kept aloof from
the civil war, when he might have
made himself the leader of the forces
in Africa.

32. Varus'] This celebrated Pom-
peian leader, having lost his cohorts
at Auximum in Italy, came to Africa
in flight. He there seized on the
province for Pompey, raised two



legions, and assisted by Juba, re-
duced it all to obedience. But, being
defeated by Caesar, he fled to Spain,
and was killed in the battle of Mun-
da.

33. Preetor Africam obtinuerat]
The governor of Africa was called in-
differently praetor, i. e. pro-praetor, or
pro-consul. So. Phil. ii. 38. It was
the year preceding Considius's that
Varus had been in office, lntrod. 1.

34. Uticam] A seaport town of
Africa, on the river Bagrada, founded
by Phoenicians ; and celebrated by
the ' noble death' of Cato.

35. Ad eum statim] i. e. Because
he had been praetor there formerly,
and was known to be the friend of
Pompey.

36. Imperium] A military com-
mand, but here conferred by the pro-
vincial mob, unauthorised by either
the Roman people or senate, who had
appointed Tubero to that command.
Infr. 7. Una est profectus cum iis,
&c.'

37. Itaque Lig.] 'The third period,
after the arrival of Varus Ligarius
still clear.

38. Paullum] Not altogether ; for
he submitted, afterwards, to the com-



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